Ventura Municipal Code Art. 3 Action on Permit Applications

A. After an event permit application is filed, the administrator shall immediately forward the application to directors, or designees (collectively “reviewing officers”), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation:

1. The fire chief;

2. The police chief;

3. The public works director; and/or

4. The parks, recreation, and community partnerships director.

B. Upon receiving an application, the reviewing officers shall consider the application, conduct any necessary investigation, and provide the administrator with written recommendations regarding:

1. Any special conditions for a permit;

2. Whether, based on the scope of the proposed event, a pre-event operational meeting is required. Should such a meeting be necessary, the administrator shall notify the applicant of the time and place of the meeting within a reasonable time before the event; and

3. Any additional recommendations.

C. The reviewing officers must complete their review prior to when the administrator must make a decision on the application. (Ord. No. 2019-023, § 1, 12-9-19)

A. Except as provided in this chapter, completed applications for a permit authorizing an event shall be filed in the administrator’s office at least:

1. Seventy days prior to the date of such event to ensure administrative and city council appeals;

2. Thirty business days prior to the date of such event, in which case the opportunity for a city council appeal is deemed waived; or

3. A lesser time period approved by the administrator; provided, that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than 30 days prior to an event is deemed to have waived the administrative review and city council appeal.

B. Except as provided in this chapter, completed applications for a permit authorizing an event shall be denied, approved, or conditionally approved by the administrator within 15 business days after receiving the completed application. Following their decision, the administrator shall promptly attempt to notify the applicant orally, and will provide written notification to the applicant.

C. Unless otherwise provided, the applicant’s acceptance of the approval or conditional approval must be received by the administrator within five business days after the applicant was served with notification of the decision. Failure to accept the decision or failure to file an application for administrative review shall be deemed a withdrawal of the application. (Ord. No. 2019-023, § 1, 12-9-19)

A. Completed applications for a permit authorizing a block party:

1. Shall be filed in the administrator’s office at least 15 business days prior to the date of such event or 10 business days if the applicant wishes to waive their administrative review rights;

2. Shall be denied, approved, or conditionally approved by the administrator within seven business days after receiving the application. The administrator shall promptly attempt to notify the applicant orally and provide written notification to the applicant, the director, and the assistant city manager.

B. Applicant’s acceptance of the approval or conditional approval must be received by the administrator within three business days after the applicant is served with notice. Failure to accept the decision or to timely file a request for administrative review shall be deemed a withdrawal of the application.

C. If the applicant filed a completed application at least 15 business days before the event and the permit is denied or conditioned, the applicant may request an administrative review to the assistant city manager in writing within three business days of being served with notice of the decision.

D. Applicant will be deemed to have waived their administrative review rights should the applicant fail to:

1. Submit a completed application at least 15 days prior to the event;

2. Fail to request review of the administrator’s decision; or

3. Fail to attend the administrative hearing personally or through an authorized representative.

E. The assistant city manager’s decision is a final determination. There shall be no right of city council appeal. (Ord. No. 2019-023, § 1, 12-9-19)

A. Completed applications for a permit authorizing a free speech event shall be filed in the administrator’s office at least:

1. Thirty-five days before the date of such event to ensure administrative review and city council appeal;

2. Two business days before the date of such event in which case the opportunity for a city council appeal is deemed waived; or

3. A time period less than two business days before the date of such event upon good cause shown. Applications will not be accepted less than 24 hours before an event.

B. Completed applications shall be denied, approved, or conditionally approved by the administrator within one business day after receiving the application. The administrator shall promptly attempt to notify the applicant orally, and provide written notification to the applicant, the director, and the assistant city manager. Such notice will provide detailed facts and reasons for any denial or conditional approval.

1. The administrator shall consult with the city attorney prior to denying, or specially conditioning, a permit for a free speech event.

C. Applicant’s acceptance of the approval or conditional approval must be received by the administrator at least 24 hours prior to the event. Failure to accept the administrator’s decision or to timely file an administrative review request shall be deemed a withdrawal of the application.

D. The applicant may seek, in writing, administrative review by the assistant city manager within one business day of either oral or written notification, whichever is first.

E. An administrative hearing shall be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it shall be held the next business day after the administrator’s decision at 4:00 p.m. in the assistant city manager’s office. The assistant city manager may issue a decision orally at the conclusion of the hearing, but shall notify the applicant, the administrator, and the director in writing of the assistant city manager’s decision. Any notification shall describe, with particularity, the facts and reasons supporting the decision.

F. The assistant city manager’s decision:

1. Is a final determination without right to city council appeal if applicant waived their right to city council appeal;

2. If the right to city council appeal is not waived, may be appealed to the city council in writing within two business days of either oral or written notification of the assistant city manager’s decision, whichever is first.

G. Applicant will be deemed to have waived their administrative review rights should the applicant fail to:

1. File a completed application at least two days prior to an event;

2. Seek review of the assistant city manager’s decision; or

3. Attend the administrative hearing personally or through an authorized representative. (Ord. No. 2019-023, § 1, 12-9-19)

A. The administrator shall issue a permit if:

1. The application was complete in accordance with this chapter;

2. There are no ground for denying the permit; and

3. Applicant accepts the permit approval or conditional approval in writing.

B. Use of any permit issued pursuant to this chapter shall conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the administrator to protect public safety and/or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian and/or vehicle traffic and for protecting public and/or private property. (Ord. No. 2019-023, § 1, 12-9-19)

A permit may be denied for the following reasons:

A. The application is incomplete;

B. The applicant failed to provide reasonable supplemental application information requested by the administrator;

C. Information submitted by the applicant is materially false;

D. Applicant seeks approval for an event that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion and/or overextend public safety and/or emergency services;

E. The event’s time, route, and/or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site or route of the event;

F. The concentration of persons, animals, and/or vehicles at the event, or at the site of an assembly or disbanding, prevents public safety and/or emergency services from reaching areas at or contiguous to the event;

G. The size of the event will overextend public safety and/or emergency services to the extent that the safety of event participants, attendees, and/or the remainder of the city will be seriously jeopardized; provided, however, that nothing herein authorizes the denial of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;

H. The event consists of a parade that will not move from its point of origin to its point of termination in three hours or less;

I. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk, or other public right-of-way to be occupied by the event;

J. The event will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within;

K. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class;

L. The decorative material on parade floats is not fire resistant or flame retardant or motorized parade floats and towing apparatus are not provided with portable fire extinguisher readily accessible to the operator, as provided in the latest adopted edition of the California Fire Code; or any similar provision in subsequent revisions of such code;

M. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. (Ord. No. 2019-023, § 1, 12-9-19)

If the administrator denies a permit for an event that would be acceptable by changing the event’s time, place, or manner, then the administrator shall inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the administrator shall issue a permit in accordance with this chapter. (Ord. No. 2019-023, § 1, 12-9-19)